Chapter 12.16
EXCAVATION AND CONSTRUCTION ON PUBLIC ROADS WITHIN ROAD SERVICE AREAS

Sections:

12.16.010    Definitions.

12.16.020    Purpose.

12.16.030    Reconstruction.

12.16.040    Permit.

12.16.050    Security.

12.16.060    Permit application.

12.16.070    Traffic safety.

12.16.080    Waiver.

12.16.090    Failure to reconstruct.

12.16.100    Prohibition of waiver.

12.16.110    Applicability.

12.16.010 Definitions.

In or on a public road,” as used in this chapter, refers to excavation or construction within the area of any public right-of-way in which an improved public road is located. (Ord. 85-067 § 2, 1985. 2004 Code § 14.03.100.)

12.16.020 Purpose.

The purpose of this chapter is to provide for the protection of public roads by ensuring that, after excavation or construction in or on a public road, the road is restored to its original condition. (Ord. 85-067 § 2, 1985. 2004 Code § 14.03.010.)

12.16.030 Reconstruction.

Any person or entity performing excavation or construction in or on any public road shall, upon completion of such excavation or construction, restore any portion of the road on which the work took place to the standards of the road’s original construction, or to Fairbanks North Star Borough road construction standards, whichever is higher. Original shoulder alignments shall be preserved, and the driving surface shall be compacted to the same degree existing prior to the excavation or construction. (Ord. 85-067 § 2, 1985. 2004 Code § 14.03.020.)

12.16.040 Permit.

No person or entity shall commence any excavation or construction in or on any public road until a permit to commence such excavation or construction has been obtained from Fairbanks North Star Borough department of public works. (Ord. 85-067 § 2, 1985. 2004 Code § 14.03.030.)

12.16.050 Security.

No permit shall be issued to any applicant until the applicant has deposited with the borough cash or a bond in an amount sufficient to accomplish the reconstruction hereafter required, as determined by the borough engineer. The borough may, at its discretion, accept other sufficient security for the performance of said reconstruction. Such security deposit shall be held by the borough until satisfactory completion of such reconstruction. (Ord. 85-067 § 2, 1985. 2004 Code § 14.03.040.)

12.16.060 Permit application.

Application for a road excavation or construction permit shall be made on such form as may be prescribed by the borough from time to time. Such application shall be accompanied by a description of the proposed work and plans or diagrams of sufficient scope and detail to enable the borough to compute the allowable time for completion of roadway restoration and to determine the appropriate security for such reconstruction. The application shall be accompanied by payment of a permit fee in an amount prescribed by the borough from time to time. (Ord. 85-067 § 2, 1985. 2004 Code § 14.03.050.)

12.16.070 Traffic safety.

Applicant shall be responsible for safety of the general public and for provision for traffic control and access to and from the road during the period of construction. The borough may attach conditions to any permit prescribing standards for safety, traffic control, and access during construction. (Ord. 85-067 § 2, 1985. 2004 Code § 14.03.060.)

12.16.080 Waiver.

The security requirement of this chapter may be waived at the borough engineer’s discretion in the case of:

A. Work to be performed by a contractor performing road construction or improvement work under contract with the borough or any agency thereof;

B. Work to be performed with the approval of the borough as a public service, without compensation;

C. Work to be performed which is deemed by the borough, in its discretion, to involve only minor damage to the existing road;

D. Work to be performed on a road which is scheduled to be resurfaced, regraded, or otherwise improved during the period immediately following the work proposed by the applicant;

E. Driveway or access construction from land abutting a public road unless such construction involves damage to the existing road surface or foundation. (Ord. 85-067 § 2, 1985. 2004 Code § 14.03.070.)

12.16.090 Failure to reconstruct.

If the applicant fails, refuses, or neglects to restore the road in question in accordance with the provisions of this chapter within the time prescribed by the borough at the time of issuance of the permit, or if reconstruction fails to meet the standards prescribed by this statute, the borough may have appropriate reconstruction accomplished and charge the cost of so doing to the security deposited by the applicant. Upon completion of such reconstruction, any security remaining shall be returned to the applicant. If the security deposited proves to be inadequate to accomplish such reconstruction, the borough shall notify the applicant of such deficiency and such amount shall be paid by the applicant to the borough within 15 days of such notification. (Ord. 85-067 § 2, 1985. 2004 Code § 14.03.080.)

12.16.100 Prohibition of waiver.

The security requirement of this chapter may be waived under the circumstances specified above. There shall be no waiver of the reconstruction requirement of this chapter. (Ord. 85-067 § 2, 1985. 2004 Code § 14.03.090.)

12.16.110 Applicability.

The provisions of this chapter shall apply to all public roads located within a service area having road construction or road maintenance powers, except:

A. Roads located within a city or military facility;

B. Roads which are a part of the state-maintained system or the Federal Aid Highway System. (Ord. 85-067 § 2, 1985. 2004 Code § 14.03.110.)